Case Prestressing Corp v. Chicago College of Osteopathic Medicine

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• collecting cases and holding that a general verdict could not support the application of issue preclusion when the jury considered several issues
• where issues of both liability and damages are sent to jury and jury simply returns a general verdict, collateral estoppel will not apply because it is not certain whether the jury found against the plaintiff on liability, on damages, or on both
• estoppel will not operate unless there is a “finding of a specific, material and controlling fact in the former case and it must conclusively appear that the issue of fact was so in issue that it was necessarily determined by the court rendering the judgment”
• where issues of both liability and damages are sent to jury and jury simply returns a general verdict, collateral estoppel will not apply because it is not certain whether the jury found against the plaintiff on liability, on damages, or on both
• where issues of both liability and damages are sent to jury and jury simply returns a general verdict, collateral estoppel will not apply because it is not certain whether the jury found against the plaintiff on liability, on damages, or on both
• “where, as here, issues of both liability and damages are sent to the jury and the jury simply returns a general verdict [against the plaintiff], estoppel will not be applied since it is not certain whether the jury found against [the] plaintiff on liability or on damages or both”

Source: CourtListener parenthetical corpus (CC0).